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17-0815_TAYLOR, RONALD L. & CINDY KAE_Agreement for Acquisition of Real Property PARCEL NO.: 673-111-21 TITLE REPORT NO.: NCS-765547-SAl PROJECT: Del Obispo Widening Project AGREEMENT FOR ACQUISITION OF REAL PROPERTY (ESCROW INSTRUCTIONS) THIS AGREEMENT ("Agreement") is entered into this _day of , 2017 by and between the City of San Juan Capistrano, a California municipal corporation, (hereinafter called "Buyer"or"City"),and Ronald L.Taylor and Cindy Kae Taylor,Co-Trustees of the Taylor Family Trust dated January 23, 1998, (hereinafter called"Seller")for acquisition by Buyer of one Temporary Construction Easement and one Permanent Roadway Easement over real property hereinafter set forth. IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. AGREEMENT TO SELL AND PURCHASE. Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, upon the terms and for the consideration set forth in this Agreement the following interest(s)in property, all situated in the City of San Juan Capistrano, County of Orange, State of California: A. Permanent Roadway Easement (Attached as Attachment 1) B. Temporary Construction Easement (Attached as Attachment 2) The legal description of each interest is identified in the referenced attachment(s), which is/are hereby incorporated by reference. 2. PURCHASE PRICE. Seller agrees to waive any monetary consideration for the grant of the Permanent Roadway Easement (Easement) and the Temporary Construction Easement(TCE),together referred to as"Easements". In lieu of monetary consideration and in consideration for the grant of the Easements, the City covenants and agrees to do the following: A. Promptly following the completion of the Del Obispo Street Improvement Project (Project), the City shall convey by recorded quitclaim deed to Sellers the portion of the street right of way, referenced in that certain easement recorded in 1930 in Book 420, Page 430, of Deeds, that will be situated behind the newly constructed road improvements and sidewalk, as approximately shown on "Attachment 3". Seller acknowledges and agrees that the precise legal description of the area to be quitclaimed will be established by survey at the City's expense upon completion of the Project. B. During the preparation of the legal description for the quitclaimed area referenced in section 2, A, of this agreement, the City will provide a lot line boundary survey for Seller identifying the final parcel dimensions and record it with the County Recorder's Office. C. Upon completion of the Project, the City will quitclaim its interest in the following easements affecting Sellers property: a. Easement for slope purposes, recorded in 1972, Book 9956, Page 298 of Official Records. b. Easements for ditches, recorded in 1892 in Book 64, Page 202, and Book 22, Page 341, both of Deeds. c. Easement to County of Orange for roadway purposes, recorded in 1961, Book 29, Page 389 of Deeds, as to any portion that falls outside the completed Project area. Buyer may request County of Orange to quitclaim their interest in this easement directly. d. City will provide any available documentation and assistance to the Seller and FirstAmerican Title Insurance Company for an updated title policy reflecting the effects of the quitclaimed easements, and portions of easements referenced in section 2 of this agreement. e. City will pay for the title company research efforts and an updated title insurance policy on behalf of the Seller. f. City will quitclaim interest in Temporary Construction Easement recorded as part of this project. D. The Project Improvements located in front of Seller's property have been designed and reflected in "Attachment 4", which the Seller has reviewed and acknowledged. E. City will cause to be recorded, that certain Access Easement granted by the adjacent property owner of Assessor Parcel Number 673-111-17, for the benefit if parcel 673- 111-21, "Attachment 5". The covenants and agreements of the City set forth in this Agreement shall survive the Close of Escrow and the recordation of the Easements. 3. CONVEYANCE OF TITLE. Seller agrees to convey by Easement Deed to Buyer a marketable easement free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements, leases, and taxes EXCEPT. A. All taxes for the current fiscal year prorated as per Section 5 hereinafter. B. Quasi-public utility, public alley, public street easements, and rights of way of record. C. Preliminary Title Report to be provided by Orange Coast Title Company and approved in Escrow. 4. TITLE INSURANCE POLICY. At the Buyers discretion, Escrow Agent shall, following recording of deed to Buyer, provide Buyer with CLTA Standard Coverage Policy of Title Insurance in the amount of $6,400 issued by First American Title Insurance Company showing the title to the property vested in Buyer, subject only to the exceptions set forth in Section 3 and the printed exceptions and stipulations in said policy. Buyer agrees to pay the premium charged therefore. 5. ESCROW. Buyer agrees to facilitate escrow services in accordance with this Agreement with their Right of Way Consultant, CPSI,26070 Towne Centre Dr.,#150, Foothill Ranch, California(Escrow Agent). This Agreement constitutes the joint escrow instructions of Buyer and Seller, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement.The parties hereto agree to do all acts necessary to close this escrow in the shortest possible time. Seller agrees to deposit with Escrow Agent prior to the Close of Escrow an original, fully executed and acknowledged deeds prepared by Escrow Agent and any other customary agreements, consents, or documents reasonably necessary to effectuate the purchase of the subject property. Buyer agrees to deposit the purchase price and certificate of acceptance upon demand of Escrow Agent. Insurance policies for fire or casualty are not to be transferred, and Seller will cancel his own policies after close of escrow. All funds received in this escrow shall be deposited with other escrow funds in a general escrow account(s)and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by check from such account. ESCROW AGENT IS AUTHORIZED AND IS INSTRUCTED TO COMPLY WITH THE FOLLOWING TAX ADJUSTMENT PROCEDURE: A. Pay and charge Seller for any unpaid delinquent taxes and/or penalties and interest thereon, and for any delinquent or non-delinquent assessments or bonds against the property; B. In the event this escrow closes between July 1 and November 1, and current tax information is not available from title insurer, Escrow Agent is instructed to withhold from Seller's proceeds an amount equal to 120% of the prorated amount due based upon the previous fiscal year's second half tax bill. At such time that the tax information is available, Escrow Agent shall make a check payable to the County Tax Collector for Seller's prorated portion of taxes and forward same to the Buyer and shall refund any difference to the Seller. In the event the amount withheld is not sufficient to pay Seller's prorated portion of taxes due, the Seller herein agrees to immediately pay the difference; In the event said tax information is available, Seller's taxes shall be prorated in accordance with Paragraph "C" below. C. From the date that tax information is available, as per Paragraph "B" hereinabove, up to and including June 30th, Seller's current taxes, if unpaid, shall be prorated to date of close of escrow on the basis of a 365 day year in accordance with Tax Collector's proration requirements,togetherwith penalties and interest, if said current taxes are unpaid after December 10 and/orApril 10. At close of escrow, check payable to the County Tax Collector for Seller's prorata portion of taxes shall be forwarded to Buyer with closing statement; D. Any taxes which have been paid by Seller, prior to opening of this escrow, shall not be prorated between Buyer and Seller, but Seller shall have the sole right, after close of escrow, to apply to the County Tax Collector of said county for refund. This refund would apply to the period after Buyer's acquisition, pursuant to Revenue and Taxation Code Section 5096.7. ESCROW AGENT IS AUTHORIZED TO AND SHALL: E. Pay and charge Seller, upon Seller's written approval, for any amount necessary to place title in the condition necessary to satisfy Section 3 of this Agreement, excluding any penalty for prepayment to any lienholder in compliance with 1265.240 of the Eminent Domain Law; F. Pay and charge Buyer for any escrow fees, charges, and costs payable under Section 6 of this Agreement; G. Disburse funds and deliver deed when conditions of this escrow have been fulfilled by Buyer and Seller. The term "close of escrow", if and where written in these instructions, shall mean the date necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered through this escrow is authorized if necessary or proper in the issuance of said policy of title insurance. All time limits within which any matter herein specified is to be performed may be extended by mutual agreement of the parties hereto. Any amendment of,or supplement to, any instructions must be in writing. TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSE AS SOON AS POSSIBLE. If (except for deposit of money by Buyer, which shall be made by Buyer upon demand of EscrowAgent before close of escrow)this escrow is not in condition to close within 45 days from date of these instructions, any parry who then shall have fully complied with his instructions may, in writing, demand the return of his money or property; but if none have complied no demand for return thereof shall be recognized until five (5) days after Escrow Agent shall have mailed copies of such demand to all other parties at the respective addresses shown in these escrow instructions, and if any objections are raised within said five (5) day period, Escrow Agent is authorized to hold all papers and documents until instructed by a court of competent jurisdiction or mutual instructions. If no demands are made, proceed with closing of this escrow as soon as possible. Responsibility for Escrow Agent under this Agreement is expressly limited to Sections 1,2, 3, 4, 5, 6, 7, 9, 10, and 17 and to its liability under any policy of title insurance issued in regard to this transaction. 6. ESCROW FEES, CHARGES_AND COSTS. Buyer agrees to pay all Buyer's and Seller's usual fees, charges, and costs which arise in this escrow. 7. RENTAL AND OCCUPANCY BY SELLER. Seller warrants that there are no oral or written leases on all or any portion of property. 8. PERMISSION_TO ENTER ON PREMISES. Seller hereby grants to Buyer, or its authorized agents, permission to enter upon the Property at all reasonable times prior to close of escrow for the purpose of making necessary or appropriate inspections. It is understood that the buyer and its contractors will indemnify the undersigned and hold them harmless from any and all liability for bodily injury, death and property damage arising out of or in any way connected with such use, and reimburse the seller for all costs, expenses and loss, including attorney's fees, incurred by them in consequence of any claims, demands and causes of action which may be made or brought against them arising out of such use. 9. COUNTERPARTS. This Agreement may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument. 10. CLOSING STATEMENT. Seller instructs Escrow Agent to release a copy of Seller's statement to Buyer and to Paragon Partners Ltd., 5762 Bolsa Ave, Suite 201, Huntington Beach, California 92649; purpose being to ascertain if any reimbursements are due to Seller. 11. LOSS OR DAMAGE TO IMPROVEMENTS. Loss or damage to the real property or any improvements thereon, by fire or other casualty, occurring prior to the recordation of the Deed shall be at the risk of Seller. In the event that loss or damage to the real property or any improvements thereon, by fire or other casualty, occurs prior to the recordation of the Deed, Buyer may elect to require that the Seller pay to Buyer the proceeds of any insurance which may become payable to Seller by reason thereof, or to permit such proceeds to be used for the restoration of the damage done, or to reduce the total price by an amount equal to the diminution in value of said property by reason of such loss or damage or the amount of insurance payable to Seller, whichever is greater. 13. WARRANTIES, REPRESENTATIONS,AND COVENANTS OF SELLER. Seller hereby warrants, represents, and/or covenants to Buyer that: A. To the best of Seller's knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the property or any portion thereof, at law, or in equity before any court or governmental agency, domestic or foreign. B. To the best of Seller's knowledge, there are no encroachments onto the property by improvements on any adjoining property, nor do any buildings or improvements encroach on other properties. C. Until the closing, Seller shall maintain the property in good condition and state of repair and maintenance, and shall perform all of its obligations under any service contracts or other contracts affecting the property. D. Until the closing, Seller shall not do anything which would impair Seller's title to any of the property. E. To the best of Seller's knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or breach any of the provisions of any bond, note, evidence of indebtedness, contract, lease, or other agreement or instrument to which Seller's property may be bound. F. Until the closing, Seller shall, upon learning of any fact or condition which would cause any of the warranties and representations in these Warranties, Representations, and Covenants of Seller Section not to be true as of closing, immediately give written notice of such fact or condition to Buyer. 14. HAZARDOUS WASTE. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority,the State of California, or the United States Government, including, but not limited to,any material or substance which is(i)defined as a"hazardous waste", "extremely hazardous waste", or"restricted hazardous waste"under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8(Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv)defined as a"hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v)petroleum, (vi)asbestos, (vii) polychlorinated byphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix)designated as a"hazardous substances"pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x)defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et seg. (42 U.S.C. S6903) or(xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et seg. (42 U.S.C. S9601). 15. COMPLIANCE WITH ENVIRONMENTAL LAWS. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste,waste disposal,and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services,the Regional Water Quality Control Board,the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 16. INDEMNITY. Seller agrees to indemnify, defend and hold Buyer harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense(including, without limitation, attorneys'fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about,or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage,disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury(including sickness,disease,or death, tangible or intangible property damage,compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 17. CONTINGENCY. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the Buyer herein. The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto. This Agreement contains the entire agreement between both parties, neither party relies upon any warranty or representation not contained in this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set forth hereinabove. BUYER SELLER CITY OF SAN JUAN CAPISTRANO Ronald L. Taylor and Cindy Kae Taylor, Co-Trustees of The Taylor Family Trust dated January 23,1998 /1i ; 2 Ronald L. Taylor, VItee f _5/8_/2017 I -y ger Date Csn6 7-a log Cindy Kae Taylor, Trustee MAILING ADDRESS OF BUYER 32400 Paseo Adelanto 5/8/2017 San Juan Capistrano, CA 92675 Date APPROVED AS TO FORM DATE: City/Attorney ATTES 1 ( BY: c C y�rlc MAILING ADDRESS OF SELLER 32221 Del Obispo St. DATE: San Juan Capistrano, CA 92675 Attachment 1 RECORDING REQUESTED BY: Recorded in Official Records, Orange County City of San Juan Capistrano Hugh Nguyen, Clerk-Recorder Engineering 32400Paseo AdelantoDepartmen111111, IfI�iIIIIIIIIIIIIIIIIIIIIIII�III;IIII jj 1111 1 I IIII NO FEE San Juan Capistrano,CA 92675 * $ R 0 0 0 9 5 7 7 3 9 6 $ 20170004016951:11 pm 09121117 AND WHEN RECORDED MAIL TO: 90 SCS E01 7 City Clerk 0.00 0.00 0.00 0.00 18.00 0.00 0.00 0.00 "Same address as above" EXEMPT RECORDING FEES GOVERNMENT CODE SECTION 61 OJ&27383 (SPACE ABOVE) APN: 673-111-21 GRANT OF EASEMENT Ronald L. Taylor and Cindy Kae Taylor, Co-Trustees of The Taylor Family Trust ` dated January 23, 1998, (referred to herein as "Grantor"), is the owner in fee of certain real property located at 32221 Del Obispo Street, City of San Juan Capistrano, County of Orange, State of California (hereinafter referred to as the "Property"). FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Grantor does hereby GRANT and CONVEY to the CITY OF SAN JUAN CAPISTRANO, a California municipal corporation, under the laws of the State of California (the "Grantee", hereinafter referred to as "City"), its successors and assigns: 1. Permanent Easement. Permanent Easement interest to that certain portion of the Property more fully described in EXHIBIT"A" and depicted in EXHIBIT"B" attached hereto and incorporated herein by reference (hereinafter referred to as the "Permanent Easement Parcel")for public street, road and public utilities purposes. The Permanent Easement and covenants contained herein shall run with the land and shall inure to the benefit of and be binding upon the Grantor and Grantee, their respective heirs, successors and assigns. All Exhibits attached hereto are incorporated herein by reference. Ronald L. Taylor, Co- rustee Date Cindy K11 aylor, 6-Trustee -1 -_ - Date MAILTAX STATEMENTS AS D IRECTEDABOVE NOTARY ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. STATE OF I. i kOY u Q, § COUNTY OF w1w Ong11� , befo rre me, �L , a Notary Public, personally appeared �D>��� i� ��� i�1J �Qe ���who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledge to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. dil J,MMfITINU WITNESS my hand an o gal Notary Putoic•California Orao"County Commission 0 2170623 M comm.Ery itis Oec 2.2020 Signature (Seal) EXHIBIT "A" LEGAL DESCRIPTION ROAD EASEMENT (APN: 673-111-21) 32221 Del Obispo St. City of San Juan Capistrano, County of Orange,State of California THAT PORTION OF LOT 66, TRACT NO. 103, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11,PAGES 29 TO 33,INCLUSIVE OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY,DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 66 OF TRACT NO. 103; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 66, SOUTH 54°00'03" EAST, 77.25 FEET THE TRUE POINT OF BEGINNING;THENCE LEAVING SAID SOUTHWESTERLY LINE OF LOT 66,NORTH 28°18'36"EAST, 71.54 FEET TO A POINT OF CUSP ON THE WESTERLY LINE OF DEL OBISPO STREET, 80 FEET WIDE (FORMERLY MCKINLEY AVENUE),AS DESCRIBED IN DEED OF RIGHT OF WAY RECORDED OCTOBER 15, 1930,IN BOOK 420 AT PAGE 430,SAID POINT BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 440.00 FEET,A RADIAL LINE THROUGH SAID POINT BEARS NORTH 89040'43" WEST; THENCE SOUTHERLY ALONG SAID CURVE, ALSO BEING THE WESTERLY LINE OF DEL OBISPO STREET, THROUGH A CENTRAL ANGLE OF 01.11'50", AN ARC DISTANCE OF 9.19 FEET TO A POINT OF REVERSE CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 385.95 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 89°07'27"WEST; THENCE SOUTHERLY ALONG SAID REVERSE CURVE ALSO BEING THE WESTERLY LINE OF DEL OBISPO STREET,80 FEET WIDE(FORMERLY MCKINLEY AVENUE),AS DESCRIBED 1N DEED OF RIGHT OF WAY RECORDED OCTOBER 15, 1930,1N BOOK 420 AT PAGE 430,THROUGH A CENTRAL ANGLE OF 02°25'17", AN ARC DISTANCE OF 16.31 FEET TO A POINT ON THE NORTHWESTERLY LINE OF LAND DESCRIBED 1N DOCUMENT NUMBER 3403, FOR STREET AND HIGHWAY PURPOSES, RECORDED JANUARY 6, 1972,IN BOOK 9956 AT PAGE 296,A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 88°27'16" EAST; THENCE LEAVING SAID WESTERLY LINE OF DEL OBISPO STREET,NON TANGENT TO SAID CURVE, ALONG SAID NORTHWESTERLY LINE OF SAID DOCUMENT NUMBER 3403, SOUTH 28°23'15" WEST, 50.68 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT 66 OF TRACT NO. 103; THENCE NORTH 5400'03" WEST ALONG SAID SOUTHWESTERLY LINE, 12.09 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 736.29 SQUARE FEET,(0.017 ACRES),MORE OR LESS. AND AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND MADE A PART OF HEREOF- OF ES& �- MFC fi C1.IMF T N. CALVILLO, RCE 27743 CO CNC Engineering Job No. 15-036 g -jC 27743 m Checked by: VS February 1, 2017 * EXP.0313112018 C '�'. Civil. �P E T B 74 3 N.T.S. .a `ti ► N LOT 66 E, TRACT NO. 103 BK 11, PG 29- 33 ,� p -�, LOT 67 0 v TRACT NO. 10 3 BK 11, PG 29-33 06. �o 0 0 (R4) a � ���� 4J o oo (R1) AREA FOR STREET AND HIGHWAY -:�k PURPOSES PER DOCUMENT 3403, BOOK 9956, PAGE 296, j RECORDED JANUARY 6, 1972 $ `1+ 7 �� ��►�r (R2) PER GRANT DEED RECORDED UNDER 3w ,� INSTRUMENT NO. 2013000099931 N O k by Ln $4 (R3) PER TRACT NO. 103, BK11, PG 29-33 (nN ���00 'Z Ir (R4) PER DEED OF RIGHT OF WAY, RECORDED �� � I r OCTOBER 15. 1930, BK 420, PG 430 www (C) CALCULATED 4 C5 jAi { BASIS OF BEARING = HELD CALCULATED BEARING c BETWEEN FOUND ORANGE COUNTY MONUMENTS 1 e #7544RI do 7545R1, BEING S37'16'34"W. V Qi {¢n O �_M a 'sQs• (R1) 1 ZZ cbtoo ''�" 'J��►#�� a u^ SHEET HE ETbY OF 2 I f CNC ENGINEERING 2121 Alton Parkway, Suite 200 Irvine, CA 92606 MOST SOUTHERLY CORNER Phone (949) 863-0588 LOT 66, TRACT NO. 103www.cnc—en cm `� Job No. 15— 36 February 9, 2017 EXHIBIT B (R1) AREA FOR STREET AND HIGHWAY + [a�, PURPOSES PER DOCUMENT 3403, BOOK 9956, PAGE 296, ap syT RECORDED JANUARY 6, 1972 :11T ��0 7�? 'r?j ?' I� (R2) PER GRANT DEED RECORDED UNDER 4sr �'� INSTRUMENT NO. 2013000099931 J �J (R3) PER TRACT NO. 103, BK11, PG 29-33 r N.T.S. (R4) PER DEED OF RIGHT OF WAY, RECORDED a OCTOBER 15, 1930, BK 420. PG 430 c^ (R5) PER SLOPE EASEMENT #3404, RECORDED 0) / JANUARY 6, 1972, BK 956, PG 298 �N m (p N M \k (C) CALCULATED i[ r. G CV N g t i o o: 3 w Z 00 � Naa' ��R�3FESN Z $�- �; a: �, 27-743 m s 10 03/31/2018 0 yk 00 0 i P.O.C. `- c I r CIVIL Lor-I f1F CAOf i rCt,r � N A5 to EA lb .]> •7a, P.O.B. ,+. S`��r �'.S• �rypaZ Z to V OV 4\ y i �A. (., Y I T `-0 ry ryJ�'1d SLOPE EASEMENT PER (R5) � I MOST SOUTHERLY CORNER SHEET 2 OF 2 LOT 66, TRACT NO. 103 Prepared by. CNC ENGINEERING 2121 Alton Parkway, Suite 200 Irvine, CA 92606 BASIS OF BEARING = HELD CALCULATED BEARING Phone (949) 863-0588 BETWEEN FOUND ORANGE COUNTY MONUMENTS www.cne—eng.com #7544R1 do 7545R1, BEING 537'16-34"W_ Job No. 15--036 February 9, 2017 CITY OF SAN JUAN CAPISTRANO CERTIFICATE OF ACCEPTANCE OF GRANT OF EASEMENT DEED [Portions of APN 673-111-211 This Certificate of Acceptance pertains to the interests in real property conveyed by the Grant of Easement Deed dated5u-A Z 'L o l�l to which this Certificate of Acceptance is attached, from: Ronald L. Taylor and Cindy Kae Taylor, Co-Trustees ("Grantor") to: CITY OF SAN JUAN CAPISTRANO,a California municipal corporation ("Grantee") Said Grant of Easement Deed is hereby accepted by the undersigned officer on behalf of Grantee pursuant to authority conferred by the Grantee's governing body,and Grantee hereby consents to recordation of such Grant. Dated: _ q.- _ CITY OF SAN JUAN CAPISTRANO, a California municipal corporation By: _ <�I— 1 n Sio0el', aWpanager Attest: f lerk PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document,to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On September 11 2017, before me, Christy bilcl Assistant QR3, Clerk, personally appeared Beniamin Sic el Ci Man er, who proved to me on the basis of satisfactory evidence to the be person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/there signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (SEAL) WITNESS my hand and official seal. Christy Jakl, Assistant Ay,Clerk OPTIONAL Capacity Claimed by Signers Description of Attached Document Title or Type of Document City Manager Certificate of Acceptance of Grant of Easement Deed APN 673-111-21 Title Grantor: Ronald L.Taylor and Cindy Kae Taylor Signer is Representing City of San Juan Capistrano Attachment 2 RECORDING REQUESTED BY; City of San Juan Capistrano Recorded in Official Records, Orange County Engineering Department Hugh Nguyen, Clerk-Recorder 32400 Paseo Adelanto III I�IIIIIIIII II IIIII II�IIII III IIIIIII�I III I III NO FEE San Juan Capistrano, CA..92675 * $ R 0 0 0 9 5 7 7 3 9 7 $ k AND WHEN RECORDED MAIL TO, 2017000401696 1:11 pm 09/21117 City Clerk 90 SCS E01 9 0.00 0.00 0.00 0.00 24.00 0.00 0.00 0.00 "Same address as above" EXEMPT RECORDING FEES GOVERNMENT CODE SECTION 610J&27383 (SPACE ABOVE) APN: 673-111-21 GRANT OF TEMPORARY CONSTRUCTION EASEMENT Ronald L. Taylor and Cindy Kae Taylor, Co-Trustees of The Taylor Family Trust dated January 23, 1998, (referred to herein as "Grantor"), is the owner in fee of certain real property located at 32221 Del Obispo Street, City of San Juan Capistrano, County of Orange, State of California (hereinafter referred to as the "Property"). f' FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Grantor does hereby GRANT and CONVEY to the CITY OF SAN JUAN CAPISTRANO, a California municipal corporation, under the laws of the State of California (the "Grantee", hereinafter referred to as "City"), its successors and assigns: 1. Temporary Construction Easement. A temporary and non-exclusive construction easement over, on, under, in, across, along and through that certain portion of the Property more fully described in EXHIBIT"A"and depicted in EXHIBIT"B"attached hereto and incorporated herein by reference (hereinafter referred to as the "Temporary Construction Easement"), for purposes of the constructing the City's project known as the Del Obispo Widening Project ("Project"). Grantor hereby covenants, by and for itself, its assigns, heirs and voluntary and involuntary successors in interest to the Property or any part thereof, that at all times prior to the Expiration Date(defined below), Grantor shall not, without the express written consent of Grantee: (i) erect nor permit the erection of any building, wall, fence or other structure within the Temporary Construction Easement Parcel; (ii) plant nor permit the planting of any tree(s), plant(s) or other vegetation or flora on any portion of the Temporary Construction Easement Parcel; (iii) undertake nor permit the undertaking of any activity that may interfere with Grantee's use of the Temporary Construction Easement and exercise of all rights and privileges thereof; nor (iv) grant any other easements on, under or over the Temporary Construction Easement Parcel. The Temporary Construction Easement shall include, without limitation, the right and privilege of Grantee and its employees, agents, representatives, contractors, subcontractors, and workmen to: (i)perform all activities as may be necessary to facilitate the purposes of the Temporary Construction Easement; (ii) use, control and occupy the Temporary Construction Easement Parcel ; (iii) have access to, ingress to, and egress from the Temporary Construction Easement Parcel; (iv) use and temporarily place and operate tools, equipment, machinery and materials on the Temporary Construction Easement Parcel; and (v) trim, cut, or clear away any trees, brush or other vegetation or flora, including the roots thereof, located within the Temporary Construction Easement Parcel. MAILTAX STATEMENTS AS DIRECTED ABOVE By its acceptance of this Temporary Construction Easement, Grantee covenants and agrees, by and for itself, its assigns, heirs and voluntary and involuntary successors in interest to the Temporary Construction Easement, that upon completion of that portion of the Project abutting to the Property, Grantee shall: (i) repair or replace in kind, at Grantee's sole discretion and expense, any improvements such as fences, gates and other"hard"features that the Grantor did not receive compensation, existing on the Temporary Construction Easement Parcel that are damaged as a result of Grantee's exercise of its rights and privileges under the Temporary Construction Easement; and (ii) leave the Temporary Construction Easement Parcel in a clear, graded state with no construction debris present. Notwithstanding the foregoing, Grantee shall not be obligated to repair and/or replace any vegetation removed by Grantee. The Temporary Construction Easement shall automatically expire and be of no further force and effect upon the date ("Expiration Date") that any of the following- described events first occurs: (i) the recording of a quitclaim or other deed whereby Grantee conveys to the then fee owners of the Temporary Construction Easement Parcel all its rights, title and interest in the Temporary Construction Easement; or (ii) Twelve Months (12) from the date of recording of the Temporary Construction Easement. Termination of the Temporary Construction Easement as of the Expiration Date shall be automatic without any further act by either Grantor or Grantee. The Temporary Construction Easement and covenants contained herein shall run with the land and shall inure to the benefit of and be binding upon the Grantor and Grantee and their respective assigns, heirs, and voluntary and involuntary successors in interest. All Exhibits attached hereto are incorporated herein by reference. Subject to the rights of Grantee and the covenants and restrictions contained herein, Grantor retains the right to use the Temporary Construction Easement Parcel for any purpose that does not interfere with Grantee's use of the Temporary Construction Easement and exercise of all rights and privileges thereof. NTQ --_� Ronald L.Taylor, Co-Trustee s -, Date Cindy Ka ylor,Co-T istee _:z Date NOTARY ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. STATE OF � YrU A- § COUNTY OF VY�� On 1 _ ,before me, YU'-Z .a Notary Public,personally appeared gg ,d t. 1-AM ICY CA' •J Yd&: TA who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledge to me that he/she/they executed the some in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s)or the entity upon behalf of which the person(s) acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. , WITNESS my hand anr7L;/ J . TIN Not♦rc.California oronp County Commloslon 0 2170623 Signature_ (Seal) M Carom,EXOM Doc 2 242Q EXHIBIT "A" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT (APN: 673-111-21) 32221 Del Obispo St. City of San Juan Capistrano, County of Orange, State of California THE SOUTHEAST 13.00 FEET OF THE FOLLOWING DESCRIBED PARCEL: THAT PORTION OF LOT 66, TRACT NO. 103, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11,PAGES 29 TO 33,INCLUSIVE OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 66; THENCE NORTH 1'41'00" WEST ALONG THE EASTERLY LINE OF SAID LOT 66 A DISTANCE OF 177.08 FEET;THENCE LEAVING SAID EASTERLY LINE NORTH 53051'00" WEST A DISTANCE OF 142.03 FEET TO THE WEST LINE OF SAID LOT 66;THENCE SOUTH 0°25'00"EAST ALONG SAID WEST LINE A DISTANCE OF 177.24 FEET TO THE SOUTHWEST CORNER OF SAID LOT 66; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 66 SOUTH 54048'30"EAST A DISTANCE OF 145.06 FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT 66 AND THE POINT OF BEGINNING. EXCEPT THE FOLLOWING DESCRIBED PARCEL; COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 66 OF TRACT NO. 103; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 66, SOUTH 54°00'03" EAST, 77.25 FEET THE POINT OF BEGINNING;THENCE LEAVING SAID SOUTHWESTERLY LINE OF LOT 66,NORTH 28°18'36"EAST,71.54 FEET TO A POINT OF CUSP ON THE WESTERLY LINE OF DEL OBISPO STREET, 80 FEET WIDE (FORMERLY MCKINLEY AVENUE),AS DESCRIBED IN DEED OF RIGHT OF WAY RECORDED OCTOBER 15, 1930,IN BOOK 420 AT PAGE 430,SAID POINT BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 440.00 FEET,A RADIAL LINE THROUGH SAID POINT BEARS NORTH 8940'43" WEST; THENCE SOUTHERLY ALONG SAID CURVE, ALSO BEING THE WESTERLY LINE OF DEL OBISPO STREET, THROUGH A CENTRAL ANGLE OF 01°11'50", AN ARC DISTANCE OF 9,19 FEET TO A POINT OF REVERSE CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 385.95 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 89°40'43"WEST; THENCE SOUTHWESTERLY ALONG SAID REVERSE CURVE ALSO BEING THE WESTERLY LINE OF DEL OBISPO STREET, 80 FEET WIDE(FORMERLY MCKINLEY AVENUE), AS DESCRIBED IN DEED OF RIGHT OF WAY RECORDED OCTOBER 15, 1930, IN BOOK 420 AT PAGE 430, THROUGH A CENTRAL ANGLE OF 02025'17",AN ARC DISTANCE OF 16.31 FEET TO A POINT ON THE NORTHWESTERLY LINE OF LAND DESCRIBED IN DOCUMENT NUMBER 3403, FOR STREET AND HIGHWAY PURPOSES, RECORDED JANUARY 6, 1972, IN BOOK 9956 AT PAGE 296, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 88027'16" EAST; THENCE LEAVING SAID WESTERLY LINE OF DEL OBISPO STREET, NON TANGENT TO SAID CURVE, ALONG SAID NORTHWESTERLY LINE OF SAID DOCUMENT NUMBER 3403,SOUTH 28°23'15"WEST,50.68 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT 66 OF TRACT NO. 103; THENCE NORTH 54°00'03" WEST ALONG SAID SOUTHWESTERLY LINE, 12.09 FEET TO THE POINT OF BEGINNING. ALSO EXCEPT THAT PORTION OF DEL OBISPO STREET RECORDED OCTOBER 15, 1930,IN BOOK 420, PAGE 430 AND THAT PORTION OF DOCUMENT 3403, RECORDED JANUARY 6, 1972, IN BOOK 9956, PAGE 296. THE ABOVE DESCRIBED PARCEL CONTAINS 1,086 SQUARE FEET,0.025 ACRES,MORE OR LESS. AND AS SHOWN ON EXHIBIT`B"ATTACHED HERETO AND MADE A PART OF HEREOF. ©FES � C t M EXP 0313Wc.d3 xt CLEMENT N. CALVILLO,RCE 27743 , CNC Engineering 'q C!V I�- ;y�P Job No. 15-036 OF CAL1�a[� Checked by: VS January 30,2017 EXHIBIT B Ing FESS/p� NEME,C c' 4' �nrtiT CQ DUMB 0 s� N.T.S. C1Vt �P � 01P CA1.1F ` �,y�, cr �. LOT 66 �, TRACT NO. 903 Gj BIS 11, PG 29-33 --,, LOT 67 �E21, oov TRACT NO. 903 C.5 ,� �^ BK 99, PG 29-33 '06. 1 o 0 n C, o (R4) NQr o (R1) AREA FOR STREET AND HIGHWAY ^`� r PURPOSES PER DOCUMENT 3403, BOOK 9956, PAGE 296, RECORDED JANUARY 6, 1972 CIV I e �� �► *` o (R2) PER GRANT DEED RECORDED UNDER 3w d ti I INSTRUMENT NO. 2013000099931 (R3) PER TRACT NO. 103, BK11, PG 29-33 v�cn ^ 00 �W�qZ O} �v (R4) PERT09�1OF1 IG TBOF WAY ,PRECORDED A' i 430 (C) CALCULATED BASIS OF BEARING = HELD CALCULATED BEARING BETWEEN FOUND ORANGE COUNTY MONUMENTS #7544RI & 7545R1, BEING 537"16'34"W. Sg �, ra ■ cq (R1) I � Zo o ET1 OF 2 Preparedb "III CNC ENGINEERING 2121 Alton Parkway, Suite 200 Irvine, CA 92606 MOST SOUTHERLY CORNER Phone (949) 863-0588 LOT 66, TRACT NO. 103 www.cnc—eng.com Job No. 15--036 February 9, 2017 EXHIBIT B r � (R1) STREETAREA FOR PURPO S PERDOCUMENHIGHWAY E403 , Sr. , BOOK 9956, PAGE 296, 06. `I RECORDED JANUARY 6, 1972 I JR 0 I� s3 ' ��7'�, (R2) PER GRANT DEED RECORDED UNDER 'Iff C INSTRUMENT NO. 2013000099931 (R3) PER TRACT NO. 103, BK11, PG 29-33 (R4) PER DEED OF RIGHT OF WAY, RECORDED a OCTOBER 15, 1930, BK 420, PG 430 r (R5) JAF.NNUASLOPE,EASEMENT92, BK 9956, PG 298 (C) CALCULATED �n kb o 4v { 3w NO Q N, fq 00 N CO to Ol W N Z 3 l�R�O 0 OWN l P.O.C. 119 I SIL ! P.O.B. zz 0'A �1 ?4h' �j '�7 in. i SLOPE EASEMENT PER (R5) Ftj�J(��Q (RI) � I � I MOST SOUTHERLY CORNER SHEET 2 OF 2 LOT 66, TRACT NO. 103 Prepared by. CNC ENGINEERING 2121 Alton Parkway, Suite 200 BASIS OF BEARING a HELD CALCULATED BEARING Ph Irvine, CA 92606 BETWEEN FOUND ORANGE COUNTY M NUMENTS Phone c-en 663-0586 544RI & 7545R1, BEING S37'16-34�W. Job No. 15— cam � Job No. 15-038 February 9, 2017 CITY OF SAN JUAN CAPISTANO CERTIFICATE OF ACCEPTANCE OF GRANT OF TEMPORARY CONSTRUCTION EASEMENT [Portions of APN 673-111-21] This Certificate of Acceptance pertains to the interests in real property conveyed by the Grant of Temporary Construction Easement dated 7 N t J 25, 'Z O l`1 _ to which this Certificate of Acceptance is attached, from: Ronald L. Taylor and Cindy Kae Taylor, Co-Trustees ("Grantor") to: CITY OF SAN JUAN CAPISTRANO, aCalifornia municipal corporation ("Grantee") Said Grant of Temporary Construction Easement is hereby accepted by the undersigned officer on behalf of Grantee pursuant to authority conferred by the Grantee's governing body,and Grantee hereby consents to recordation of such Grant. Dated: CITY OF SAN JUAN CAPISTRANO, a California municipal corporation By: Ben gei, i a er Attest: i `ty Clerk PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code l 181) On September 11, 2017, before me, Christy jald, assistant Civ Clerk, personally appeared Benjamin Siegel, Ci(y Manger, who proved to me on the basis of satisfactory evidence to the be person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/there signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (SEAL) WITNESS my hand and official seal. { _ V/1 Christy Jakl, Assistant it berk OPTIONAL Capacity Claimed by Signers Description of Attached Document Title or Type of Document City Manager Certificate of Acceptance of Grant of Temporary Construction Easement APN 673-111-21 Title Grantor: Ronald L.Taylor and Cindy Kae Taylor Signer is Representing City of San .Tuan Capistrano Attachment 3 EXHIBIT "A" RIGHT-OF-WAY VACATION LEGAL DESCRIPTION Del Obispo St. (260 Ft to 830 Ft South of Calle Aspero) City of San Juan Capistrano, County of Orange, State of California A PORTION OF LOT 66 OF TRACT NO. 103,IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK I 1 PAGES 29 THROUGH 33, INCLUSIVE OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 66 OF SAID TRACT NO 103; THENCE SOUTH 57010'30"EAST ALONG THE NORTHEAST LINE OF SAID LOT 66 A DISTANCE OF 461.95 FEET; SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY OF DEL OBISPO STREET; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY SOUTH 35°41'00" WEST, A DISTANCE OF 15.20 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG WESTERLY RIGHT-OF-WAY SOUTH 35041100" WEST, A DISTANCE OF 333.70 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 440.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36010'10",AN ARC LENGTH OF 277.76 FEET, TO A POINT OF CUSP, SAID POINT BEING NON- TANGENT LINE,RADIALLY NORTH 89°30'50"EAST;THENCE LEAVING SAID CURVE NORTH 27030'12"EAST.A DISTANCE OF 434.31 FEET TO A TANGENT CURVE CONCAVE SOUTHEAST AND HAVING A RADIUS OF 3,083.00 FEET; THENCE NORTHEAST ALONG SAID CURVE THROUGH A CENTAL ANGLE OF 00055'12",AN ARC LENGTH OF 49.50 FEET;THENCE NORTH 28025'23" EAST, A DISTANCE OF 61.46 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 3,084.89 FEET;THEN NORTHEAST ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01°02'27",AN ARC LENGTH OF 56.04 FEET, TO A POINT OF CUSP, SAID POINT BEING NON-TANGENT LINE, RADIALLY SOUTH 60'32'10" EAST;THENCE SOUTH 78°17'00"WEST,A DISTANCE OF 2.97 FEET TO THE POINT OF BEGINNING. CONTAINING 18,150 SQ FT(0.42 ACRES),APPROXIMATELY, AND AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND MADE A PART OF HEREOF. CLEMENT N. CALVILLO, RCE 27743 CNC Engineering Job No. 15-036 Checked by: SN (05-31-2017) EXHIBIT B `f P.O.C. NE LINE OF LOT 66 LOT 5 TRACT NO. 15701 BK 854, PIG 50 N. S. S�j�• APN 673-111-28 APN 673-111-16 P.O.B.L1 ' L5 r f -' s LOT 66 1 j Rq© • TRACT NO. 103 C3 BK 11, PIG 33 p APN 673-111-17 L4 1 CURVE TABLE � C2 LINE TABLE # LENGTH RADIUS DELTA 1 # LENGTH BEARING C1 277.76' 440.00' 36'10`10" r i� L1 15.20' 535'41'00"W C2 49.50' 3083.00' 0'55'12" r Xp L2 333.70' S35'41'00"W C3 56.04' 3084.89' 1'02`27" /•�~� L3 434.31' N2T30'12°E L4 61.46' N28'25'23"E L5 2.97' S78'17'00"W � r 416 r • �]� l' v (R) PER TRACT NO.103 BK 11, PG 29-33 r (R1) PER DEED OF RIGHT OF WAY, RECORDED OCTOBER 15, 1930, BK420, PG430 APN 673-111-21 i r SHEET 1 OF 1 i N89�30150"E— Prepared by. ( AD) CNC ENGINEERING 2121 Alton Parkway, Suite 200 Irvine, CA 92606 Phone (949) 863-0588 www.cnc—eng.com Job No. 15-036 May 31, 2017 Attachment 4 CONSTRUCTION NOTES- 122— OTES-122— 4.11. —122 `L.'.rx""I rre.rr,LL ersarr a..wees.A nx m A r,.rt naass.ra nw �•�4 f n n!a s+.:u n.m:r n-vn :i,ss> sv+t�••••�.•• naa�r rra uesro.e ous,Ne ae mIN an a..z f ° '�+ ,� rres+a, rrwr rncan r.marc ��-M1xr ` ( ' ra wr-..E�,iw is sotwi m.,u i 118— mu •/tFmrac re ops wr,u.� cA •r Aa a. 8� •I , a. I _ _ -�_, �e� ig __._. h I xrormero rni o,q nest awt 114— •� v� g 1 "I'. '-�^.,�_-.'—_ —114 �.wusr ras.LSF u vary cav No mr�.,,..� 4 wV 1F a� 110—s AC mu u': w..`'s r°' i.n .« £: f •�' 4_ �`� i.; - "'Z —110 �y wesn�`ca not w OefLaer rn `�.�^ rce Nti Arno ro ora*sro nNx xA f 118— -118 rG n sl.w,wic..n F �--Ina,+.+c w,c+rnl a.,. +s owarla.ortof 114—r .-o --- -*� ..__•�`• _ .-. w- . ._ =L.__-`_ -- __. _ - M ,_ 8= 5;� ss�q ssw urr n.sm.m anJ.rm 110—_ -`• ' `- —110 :- �^°r%:®a'ussorxraa«`wa+l cwx,ro LII a.r a ax --ai�ra av u.a Ica as si.o ra cewurs PROFILE SCAT F: �v� �sa,c EVr'.Or~'r,+InE WMZ:t,20 '/ERP 1'.4' ECMa 31wY rcrn.Yt L,Oer I I I ` 3--•-rft DrJelnSr s GLI+»-w.riwRlwC3 30+00 31+00 32+00 33+00 34+00 35+00 6_; e'°�lec�u mini no AAuooN ro .ns rE f .rK o��n_Ir _. — -- —---- --- —-_ J'��swrrs r,c.a.•la wrap ewaC w rw aa+ gr.o w a _- - _ rumr_wn's zr0"A`e.cRex.u�.m�.ssri+aru NrN LrYnr-n t O r/V eLV+i raver rE,e+gy'�accmi}C da{d - � 4q • I![ °+1 yl Iw Gr ww � �'y'�•�r �r�rr,wPrc s R _ !,+. x F �.t I r�'� ..+M.]tr-ver-.�..: ,mac..e. ✓ 1} 1 W J, w DEL OBISPO STREET PRIVATE DRIVEWAY '- i CITY OFF SAN JUAN CCAP�ISTRANO �E " UNE AND CUM DATA TABLE ,,,,,LIT�r I DEL OBISPO WIDENING STREET IMPROVEMENT PLAN u nrr sm,` — DEL OBISPO STREET r¢r.,,slGi u nor SgL2J1]'e I f f O i02J S20 c LLE A RQ to 5 7 ] IE♦ Fn ec°`�Ll n- Ir arc nf.Ff R qin R ra seeE: w+r,YSn -. r �!�Ol CNC *VRE CA t26D5VAf,SURE 7170 F m..3 Y 4u tt •+e C al" - I 7 RIiLY�•j►491$640588 S .tlAR ' -/ >,>.Y, ;7-ffR �,uYIE :IDfaT mneSY 3 nlar K nFL K .F's'�X W ENGINEERING FAx 19491963-0589 LLA R •t V M1 L. �f r� �} � i� CR 1 1 Cant,rlrinw Ce.l En9enae one Lt.+.♦yn•r, I ]d9U` O]/16/SGIJ -�1 IIT— i f nmar g LOCAL DEPRESSION AT 32+8275 DETAIL LOCAL DEPRESSION AT 34+46.76 DETAIL �� X � C_2 g. N.tS xES 6-321. •!YJ]�S x,to... WATER CONSTRUCTION NOTES: - �-W.o aa.crsr.ewnx wwaa tsw.. .v.� 69—a9e nea.-. �---_ —` ---------------— ! � iws�irony +i mec caaswucco'. 1 � / t DEL OBISPO STREET -----_ ---------------------------- y ecus»Rr M- , .M CITY OF SAN JUAN CAPISTRANO I 3 J` PIfBf.IC F01t�1.71E tf[16TiL!DEPNrI'YCMT DEL CE31SPO WIDENING WATER IMPROVEMENT PLAN Ih m DEL OBISPO STREET - - - - C N C WINE. AVON PARKWAY.SUITE E 2 y� 5 IRVINE.CA 92 PHONro E w}8633 OSBB 3 TA 314-50.00 1. TI iH G] ENGINEERING FAXl"949)863-0589 a con.�una c�.,l enol.u.: ma so..ovo, 6 .. sero wne�Aq w m 91 s1r ""s„ Attachment 5 RECORDING REQUESTED BY Harry G. Falklam 32151 Del Obispo Street San Juan Capistrano,CA..92675 AND WHEN RECORDED MAIL TO: Harry G.Falklam "Same address as above" - DOCUMENTARY TRANSFER TAX `_._., APN: 673-111-17 ACCESS EASEMENT AGREEMENT This Agreement made this day of , 20_, by and between Harry G. Falklam Trustee of the Harry G. Falklam Revocable Trust dated January 18, 2014(hereinafter referred to as "Grantor") and Ron Taylor, a married man, whose address is 39 Ritz Cove Drive, Dana Point, CA 92629 (hereinafter referred to as "Grantee"). WHEREAS, Grantor is the fee simple owner of certain real property described as: That parcel of land BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF SAID LOT 66 WITH THE NORTHWESTERLY LINE OF DEL OBISPO STREET (FORMERLY MCKINLEY AVENUE) 80.00 FEET WIDE, AS DESCRIBED IN DEED TO COUNTY OF ORANGE RECORDED OCTOBER 15, 1930, IN BOOK 420, PAGE 430 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE SOUTH 35° 41' 00" WEST 15.00 FEET ALONG SAID NORTHWESTERLY LINE; THENCE NORTH 5° 41' 00" EAST 16.48 FEET TO SAID NORTHEASTERLY LINE; THENCE SOUTH 57° 10' 30" EAST 8.43 FEET TO THE POINT OF BEGINNING AS CONVEYED TO THE CITY OF SAN JUAN CAPISTRANO IN AN INSTRUMENT RECORDED JANUARY 6, 1972 IN BOOK 9956, PAGE 306 OF OFFICIAL RECORDS. EXCEPTING THEREFROM THAT PORTION LYING SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO FRANCIS A. ROTH AND WIFE, RECORDED SEPTEMBER 4, 1956 IN BOOK 3632, PAGE 143 OF OFFICIAL RECORDS. (hereinafter referred to as "Property"); and WHEREAS, Grantor is desirous of granting a non- exclusive access easement over a portion of the Property more particularly described on Exhibit "A" and depicted in Exhibit "B", for Grantee to use for vehicular access purposes for the convenience of accessing Grantee's adjacent property (hereinafter referred to as "Easement"); and, WHEREAS, Grantee is desirous of obtaining said easement; and, WHEREAS, the parties hereto are desirous of memorializing the terms of this Easement Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration to which the parties acknowledge receipt of, the parties agree as follows: I. The above recitals are true and correct and are incorporated herein by reference. 2. Grantor grants to Grantee a non- exclusive access easement in favor of Grantee for the purposes stated above. The Easement granted herein shall be only for the benefit of the specific use by the Grantee and is non-transferrable. Grantor has good right and lawful authority to convey this Easement and is unaware of any conflicts with the intended use of this agreement; and but makes no warrants or assurances as to other encumbrances or easements that may affect the Easement area. 3, Grantee agrees they shall not improve, construct, alter, damage the Property within the Easement, without the written consent of the Grantor. 4. This Agreement shall be construed in accordance with the laws of the State of California. Should any dispute arise from this Agreement, venue shall lie in Orange County, California. 5 This Agreement shall not be construed against the party who drafted the same as all parties to this Agreement have participated in the drafting of this Agreement. IN WITNESS WHEREOF, Grantor and Grantee have hereunto set their authorized hands and seals this "day of 24 G NTEE: G NTOR: R a Y!or Harry G. t✓al__11.1"54 1-7 kfam, Trustee Date ^V� Date ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Callforriia County of On (�fit,r _ before me, 4 (insert name and title of the fficrr) personally appeared 1, MY' T (- '�IXA.1'l _ ___ _ who proved to me on the basis of satisfactory evidence to be the person(s)whose names)is re subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. - - - - - - - - - - - - - - r. J.MARTfiNEI WITNESS my ha`d aw1d official seal. Noury Public•CNHornls ,� OraQP county Commlosion 0 2170823 M Comm.; 6 Qac 2,2020~ Signature (Seal) ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy,or validity STATE OF CALIFORNIA ) COUNTY OF J)VaftEL ) ll On I f 2�_ 111 , 2015, before me, a Notary Public in and for said State, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY un er t laws of State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. No ry Pw1 b�liic- in and for said State J.MARTINEZ Notary Public-California Orange County Commission 8 2170623 My Comm.Ex ices aec 2,2020 EXHIBIT "A" LEGAL DESCRIPTION OF THE EASEMENT i d � `` _ '�► 0> -, Wj 6.15 11 Rs 43 Ft MH r.e laR to L..k T,n :6.0x . � �'+ � •�P' ��� 666```������,,,���y,, � StwY�9 Andes s0 0 J PAKwY,SURE20 IRVINE.C—A 92606 ONF E N G I N E E R I N G FAXX 19491 MM589 Consulting Civil Engineers and Land Surveyors